Updates to the IMCA Bye-laws – 18 October 2018

IMCA would like to update its members on some revisions that have been made to our Bye-laws.

Our Bye-laws (essentially the old Constitution) were modified in specific areas in January 2017 to incorporate the updating of IMCA’s legal structure and governance regime. But other than that, they have received little by way of regular maintenance in the past. With the growing pressures on our industry in recent years, the IMCA Board recognised that further modernisation and clarity was necessary in three areas:

Whilst these are modest changes, they represent improvements which are beneficial to our industry as a whole and have the full support of the IMCA Board and the IMCA Operations Committee. By way of reminder, under our constitutional arrangements, the IMCA Board is able to modify the Bye-laws, which now allows for efficient maintenance of the document.

The revised clauses can be seen in detail below:

1. Compliance with Technical Guidance

Old Introduction Clause 1.8

Members are self-regulating through the adoption of IMCA guidelines. They commit to act as responsible Members by following the guidelines which they adopt, and being willing to be audited against compliance with them by their clients.

New Introduction Clause 1.8

Members are self-regulating through the adoption of IMCA guidelines. They commit to act as responsible Members by following the guidelines appropriate to their business, and being willing to be audited against compliance with them by their clients and by the Secretariat.

Old Legal Compliance Clause 3.3

The adoption of documents produced by the Association, for example technical guidelines or standard contracting terms and conditions, is actively encouraged, but is not mandatory.

New Legal Compliance Clause 3.3

The membership is expected to adopt the technical guidelines produced by the Association appropriate to the technical division(s) to which the relevant Member belongs as a minimum standard.

2. Auditing capability by the Secretariat

New Penultimate Bullet Point to Clause 6.2 in relation to principal activities of the Secretariat

Auditing Members as needed.

Old Membership Clause 4.8

Members in the GCo, ICo and Co categories agree to be audited against IMCA’s guidelines where required by a client contract.

New Membership Clause 4.8

Members in the GCo, ICo and Co categories agree to be audited against IMCA’s guidelines where required by a client, or on occasion by the Secretariat (whether for reason of cause by the Secretariat or otherwise).

Old Membership Clause 4.12

Companies or organisations wishing to join IMCA as GCo, ICO and Co Members must:

i. be willing to be audited against the Association’s guidelines where required by a client contract; and

ii. have an overall quality management system which includes a safety management system.

New Membership Clause 4.12

Companies or organisations wishing to join IMCA as GCo, ICO and Co Members must:

i. be willing to be audited against the Association’s guidelines by the Secretariat;

ii. have an overall quality management system which includes a safety management system; and

iii. in the case of applicants to the Diving division comply with specific joining requirements managed by the Secretariat.

3. Membership Criteria

Old Membership Clause 4.2

Membership criteria for each Member category may be amended by the Board from time to time.

New Membership Clause 4.2

Membership criteria for each Member category may be amended by the Board from time to time. In all cases Members must:

be of good standing and reputation;

maintain high standards of business integrity and ethics;

demonstrate commitment to the marine contracting industry by observing high professional standards, as embodied by the Association’s technical guidelines.

Members not complying with these requirements may be subject to disciplinary action and/or expulsion from the Association.

Individuals associated with Member companies who are certified or approved by IMCA are required to act with integrity and in accordance with the highest professional standards. Individuals not complying with these requirements may be subject to disciplinary action. Such disciplinary action may include the suspension or permanent withdrawal of certificates issued by or with the approval of IMCA, rendering the affected certificates invalid.

Briefing Information

The information contained herein is given for guidance only and endeavours to reflect best industry practice. For the avoidance of doubt no legal liability shall attach to any guidance and/or recommendation and/or statement herein contained.